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2009-23 Extending the Temorary Moratorium on Hookah Lounges Ordinance No. 2009-23 ORDINANCE NO. 2009-23 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE EXTENDING THE TEMPORARY MORATORIUM ON HOOKAH LOUNGES WITHIN THE CITY THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN AS FOLLOWS: SECTION 1. FINDINGS. The City Council finds as follows: A. Recently, there have been hookah "lounges" established throughout California, which lounges are for smoking a tobacco with a water pipe; and B. There are documented health risks associated with such smoke, which is far more concentrated than cigarette smoke, as well as crime and other issues including violation of Labor Code Section 6404.4, prohibiting the unlawful smoking of tobacco in hookah pipes in an enclosed place of employment (a violation of the California Smoke-free Workplace Act); Penal Code Section 308 (a) prohibiting unlawful smoking of tobacco in hookah pipes by those under 18 years of age; and Business & Professional Code Section 22962, prohibiting the sale of alcohol or food for consumption on-site at a tobacco store; C. Hookah use is not presently included within the County ordinances adopted by the City upon incorporation, but it is not specifically prohibited and tobacco stores are permitted in commercial areas; D. Other California cities closely regulate hookah use and hookah lounges within their communities with strict conditional use permit requirements; E. Staff has recommended and the City Council has determined that there is an immediate need to study this possible use and its location within the community in order to protect public health, safety and welfare by determining regulations needed if such use is to be permitted; and F. State law (Government Code Section 65858) allows the City to adopt an interim urgency ordinance which places a moratorium on a use which will be studied by the City in order to prevent the possible approval of such a use while a comprehensive ordinance is developed; G. Govt. Code Section 65858 provides that this ordinance initially may be adopted for 45 days without notice or hearing,which may be renewed after notice and hearing for 10 months and 15 days and thereafter for an additional one year, for a total of no more than two years and an interim ordinance was adopted on February 3, 2009; 1 Ordinance No. 2009-23 H. The City Council has heard from staff that they are working to gather information regarding this use and its regulation and to prepare a permanent ordinance; and The City Council has conducted a duly noticed public hearing at which all those wishing to speak were heard on the issue of the extension on this interim moratorium. SECTION 2. EXTENSION OF PROHIBITION OF HOOKAH LOUNGES AND SIMILAR FACILTIIES (a) Findings: The findings set out above are true and correct. (b) Definitions: As used herein, "hookah" means a glass or metal water pipe usually decorated and shaped somewhat like a bottle or small tank, with a long, flexible cord pipe, also known as shisha, nargile, hubble bubble, nag and Turkish water pipe. "Hookah lounge" means an area of a commercial establishment, whether enclosed, indoor or outdoor, designated specifically for the use of hookahs, but does not include private use of hookahs in personal residences if otherwise in compliance with applicable law. (c) Hookah lounges are prohibited within the City of Menifee during such time as this ordinance or any extension thereof remains in effect. SECTION 3. EFFECTIVE DATE OF ORDINANCE This ordinance is necessary for the continuing protection of public health, safety and welfare and shall take effect upon the termination of the 45-day interim ordinance adopted on February 3, 2009, and shall terminate 10 months and 15 days later unless renewed pursuant to the provisions of Govt. Code Section 65858. PASSED, APPROVED AND ADOPTED BY the following 4/5T" vote this 17th day of March, 2009 by the following vote: AYES: Q/K/Yi9J NOES ABSTAIN:0 bili ABSENT:Uyl.OmL- allace W. 4EcTg6-r-tbn, Mayor ATTEST: Kathy Bennett, City Clerk APPROVED AS TO FORM: �,G Q) c� 'flq Elizabetff Marlyn, City Att rney 2